Quincy Holmes v. State of Mississippi

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2016-CP-01374-COA
QUINCY HOLMES APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 08/22/2016
TRIAL JUDGE: HON. LEE SORRELS COLEMAN
COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: QUINCY HOLMES (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: KAYLYN HAVRILLA MCCLINTON
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
DISPOSITION: AFFIRMED - 01/02/2018
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE IRVING, P.J., BARNES AND WILSON, JJ.
WILSON, J., FOR THE COURT:
¶1. Quincy Holmes pled guilty to robbery and motor vehicle theft, and the circuit court
sentenced him to consecutive prison terms of fifteen years and ten years. Holmes later filed
a petition for post-conviction relief in which he alleged, among other things, that he received
ineffective assistance of counsel because his lawyer did not advise him of his right to appeal
the sentence imposed following his guilty plea. The circuit court dismissed the petition as
without merit, and Holmes appealed. On appeal, Holmes addresses only his ineffective
assistance claim. Holmes’s claim is without merit because, among other reasons, there is no
right to a direct appeal from a sentence imposed following a guilty plea. Henderson v. State,
89 So. 3d 598, 603 (¶¶19-21) (Miss. Ct. App. 2011).
¶2. AFFIRMED.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR,
GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.
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